02002A0430(04) — EN — 01.07.2017 — 005.004

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►B	AGREEMENT between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114 30.4.2002, p. 132)

Amended by:

		Official Journal
		No	page	date
M1	DECISIONNo 2/2003 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2004/78/EC of 25 November 2003	L 23	27	28.1.2004
M2	DECISIONNo 3/2004 OF THE JOINT COMMITTEE 2004/419/EC of 29 April 2004	L 151	118	30.4.2004
M3	DECISIONNo 1/2004 OF THE JOINT VETERINARY COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2004/480/EC of 28 April 2004	L 160	115	30.4.2004
M4	DECISIONNo 2/2004 OF THE JOINT VETERINARY COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/22/EC of 9 December 2004	L 17	1	20.1.2005
M5	DECISIONNo 2/2005 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/260/EC of 1 March 2005	L 78	50	24.3.2005
M6	DECISIONNo 1/2005 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/394/EC of 25 February 2005	L 131	43	25.5.2005
M7	DECISIONNo 3/2005 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/955/EC of 19 December 2005	L 346	33	29.12.2005
M8	DECISIONNo 4/2005 OF THE JOINT COMMITTEE ON AGRICULTURE 2005/956/EC of 19 December 2005	L 346	44	29.12.2005
M9	DECISIONNo 1/2006 OF THE JOINT VETERINARY COMMITTEE CREATED BY AN AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2007/61/EC of 1 December 2006	L 32	91	6.2.2007
►M10	DECISIONNo 1/2007 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2007/458/EC of 15 June 2007	L 173	31	3.7.2007
M11	DECISIONNo 1/2008 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2008/86/EC of 15 January 2008	L 27	21	31.1.2008
►M12	DECISIONNo 2/2008 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2008/692/EC of 24 June 2008	L 228	3	27.8.2008
M13	DECISIONNo 1/2008 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2009/13/EC of 23 December 2008	L 6	89	10.1.2009
►M14	AGREEMENT between the European Community and the Swiss Confederation amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products	L 136	2	30.5.2009
M15	DECISIONNo 1/2009 OF THE JOINT COMMITTEE ON AGRICULTURE 2010/265/EU of 9 December 2009	L 115	33	8.5.2010
M16	DECISION No 1/2010 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2010/797/EU of 1 December 2010	L 338	50	22.12.2010
M17	DECISIONNo 1/2010 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2011/83/EU of 13 December 2010	L 32	9	8.2.2011
►M18	DECISION No 1/2011 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2011/216/EU of 31 March 2011	L 90	53	6.4.2011
►M19	AGREEMENT between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products	L 297	3	16.11.2011
►M20	DECISIONNo 1/2012 OF THE JOINT COMMITTEE ON AGRICULTURE, CREATED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2012/295/EU of 3 May 2012	L 155	1	15.6.2012
►M21	DECISIONNo 2/2012 OF THE JOINT COMMITTEE ON AGRICULTURE, CREATED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2012/296/EU of 3 May 2012	L 155	99	15.6.2012
M22	DECISIONNo 1/2013 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2013/479/EU of 22 February 2013	L 264	1	5.10.2013
►M23	DECISIONNo 1/2013 OF THE JOINT COMMITTEE ON AGRICULTURE 2013/733/EU of 28 November 2013	L 332	49	11.12.2013
M24	DECISIONNo 1/2014 OF THE JOINT COMMITTEE ON AGRICULTURE 2014/373/EU of 9 April 2014	L 180	21	20.6.2014
►M25	DECISION No 2/2015 OF THE JOINT COMMITTEE ON AGRICULTURE of 19 November 2015	L 323	29	9.12.2015
►M26	DECISION No 1/2016 OF THE JOINT COMMITTEE ON AGRICULTURE of 16 November 2016	L 7	20	12.1.2017
►M27	DECISION No 1/2015 OF THE JOINT COMMITTEE ON AGRICULTURE of 19 November 2015	L 27	155	1.2.2017
►M28	DECISION No 1/2017 OF THE JOINT COMMITTEE ON AGRICULTURE of 22 June 2017	L 171	185	4.7.2017
►M29	DECISION No 1/2015 OF THE JOINT VETERINARY COMMITTEE CREATED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS of 17 December 2015	L 112	1	8.4.2020
►M30	DECISION No 1/2018 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS of 12 June 2018	L 127	26	22.4.2020

Corrected by:

C1	Corrigendum, OJ L 142, 31.5.2002, p.  92  (2002/340)
C2	Corrigendum, OJ L 208, 10.6.2004, p.  101 (3/2004)
C3	Corrigendum, OJ L 212, 12.6.2004, p.  72 (1/2004)
C4	Corrigendum, OJ L 332, 6.11.2004, p.  59 (3/2004)

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▼B

AGREEMENT

between the European Community and the Swiss Confederation on trade in agricultural products

Article 1

Objective

1.  The objective of this Agreement shall be to strengthen the free-trade relations between the Parties by improving the access of each to the market in agricultural products of the other.

2.  ‘Agricultural products’ means the products listed in Chapters 1 to 24 of the International Convention on the Harmonised Commodity Description and Coding System. For the purposes of applying Annexes 1, 2 and 3 to this Agreement, the products falling under Chapter 3 and headings 16.04 and 16.05 of the Harmonised System and the products covered by CN codes 0511 91 10 , 0511 91 90 , 1902 20 10 and 2301 20 00 shall be excluded.

3.  This Agreement shall not apply to the subjects covered by Protocol 2 to the Free Trade Agreement, with the exception of the relevant concessions granted in Annexes 1 and 2 hereto.

Article 2

Tariff concessions

1.  Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by Switzerland to the Community shall be as listed in Annex 1 hereto.

2.  Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by the Community to Switzerland shall be as listed in Annex 2 hereto.

Article 3

Concessions regarding cheese

The specific provisions applicable to trade in cheeses shall be as set out in Annex 3 hereto.

Article 4

Rules on origin

The rules on origin mutually applicable under Annexes 1, 2 and 3 to this Agreement shall be as set out in Protocol 3 to the Free Trade Agreement.

Article 5

Removing technical barriers to trade

1.   ►M19  The way technical obstacles to trade in agricultural products are to be reduced in the following fields shall be as set out in Annexes 4 to 12 hereto: ◄

▼M19

▼B

2.  Article 1(2) and (3) and Articles 6, 7, 8, and 10 to 13 of this Agreement shall not apply to Annex 11.

Article 6

Joint Committee on Agriculture

1.  A Joint Committee (hereinafter referred to as ‘the Committee’) made up of representatives of the Parties shall be set up.

2.  The Committee shall be responsible for the administration of this Agreement and shall ensure its good functioning.

3.  The Committee shall be empowered to adopt decisions as provided for in this Agreement and the Annexes hereto. Such decisions shall be implemented by the Parties in accordance with their own rules.

4.  The Committee shall establish its own Rules of Procedure.

5.  The Committee shall act by mutual agreement.

6.  To ensure the proper implementation of this Agreement, the Parties shall hold consultations within the Committee at the request of either Party.

7.  The Committee shall set up the working groups needed to administer the Annexes to this Agreement. Its Rules of Procedure shall specify, in particular, the membership of such working groups and the way they are to operate.

▼M19

8.  The Committee is authorised to approve authentic versions of the agreement in new languages.

▼B

Article 7

Settlement of disputes

Either Party may bring a matter under dispute which concerns the interpretation or application of this Agreement to the Committee. The latter shall endeavour to settle the dispute. Any information which might be of use in making possible an in-depth examination of the situation with a view to finding an acceptable solution shall be supplied to the Committee. To this end, the Committee shall examine all possibilities to maintain the good functioning of this Agreement.

Article 8

Exchange of information

1.  The Parties shall exchange all relevant information regarding the implementation and application of this Agreement.

2.  Each Party shall inform the other of any changes it intends to make to laws, regulations and administrative provisions within the scope of this Agreement and shall notify the other Party of any new provisions as soon as possible.

Article 9

Confidentiality

Representatives, experts and other agents of the Parties shall be required, even after their duties have ceased, not to disclose information, obtained in the framework of this Agreement, which is covered by the obligation of professional secrecy.

Article 10

Safeguard measures

1.  Where, in connection with the application of Annexes 1, 2 and 3 to this Agreement and having regard to the special sensitivity of the agricultural markets of the Parties, imports of products originating in one Party cause or threaten to cause a serious disturbance on the markets of the other, the Parties shall immediately hold consultations to seek a suitable solution. Pending such a solution, the Party concerned may take any measures it deems necessary.

2.  Where safeguard measures as provided for in paragraph 1 or in the other Annexes hereto are taken:

▼M14

Article 11

Amendments

The Committee may decide to amend the Annexes and Appendices to the Annexes to the Agreement.

▼B

Article 12

Review

1.  Where either Party seeks a review of this Agreement, it shall submit a reasoned request to the other.

2.  The Parties may entrust the Committee with the task of considering any such request and, where appropriate, of putting forward recommendations, in particular with a view to holding negotiations.

3.  Any agreements resulting from negotiations as provided for in paragraph 2 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures.

Article 13

Evolutionary clause

1.  The Parties hereby undertake to continue to work towards achieving gradually greater liberalisation of trade between them in agricultural products.

2.  To that end, the Parties shall regularly review within the Committee the conditions governing trade between them in agricultural products.

3.  In the light of the outcome of such considerations and of their respective agricultural policies and taking account of the sensitivity of the agricultural markets, the Parties may enter into negotiations under this Agreement with a view to further reducing obstacles to trade in agricultural products on a basis of reciprocal and mutually advantageous preferences.

4.  Any agreements resulting from negotiations as provided for in paragraph 3 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures.

Article 14

Implementation of the Agreement

1.  The Parties shall take all steps, whether general or specific, to ensure the performance of the obligations arising from this Agreement.

2.  They shall abstain from any measure which is liable to jeopardise the attainment of the objectives of this Agreement.

Article 15

Annexes

The Annexes to this Agreement, including the Appendices thereto, shall form an integral part thereof.

Article 16

Territorial scope

This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of Switzerland.

Article 17

Entry into force and duration

1.  This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures. It shall enter into force on the first day of the second month following the final notification of the deposit of the instruments of ratification or approval of all the following seven Agreements:

2.  This Agreement is concluded for an initial period of seven years. It shall be renewed indefinitely unless the Community or Switzerland notifies the other Party to the contrary before the initial period expires. In the event of such notification, the provisions of paragraph 4 shall apply.

3.  Either the Community or Switzerland may terminate this Agreement by notifying the other Party of its decision. In the event of such notification, the provisions of paragraph 4 shall apply.

4.  The seven Agreements referred to in paragraph 1 shall cease to apply six months after receipt of notification of non-renewal referred to in paragraph 2 or termination referred to in paragraph 3.

Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en dos ejemplares en las lenguas alemana, danesa, española, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente auténtico.

Udfærdiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed.

Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zweifacher Ausfertigung in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermaßen verbindlich ist.

Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα, σε δύο ατνίτυπα στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ισπανική, ιταλική, ολλανδική, πορτογαλική, σουηδική και φινλανδική γλώσσα, όλα δε τα κείμενα αυτά είναι εξίσου αυθεντικά.

Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine, in duplicate in the Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish and Swedish languages, each text being equally authentic.

Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en double exemplaire, en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, chacun de ces textes faisant également foi.

Fatto a Lussemburgo, addì ventuno giugno millenovecentonovantanove, in duplice esemplare, in lingua danese, finnica, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca. Ciascuna delle versioni linguistiche fa parimenti fede.

Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in twevoud, in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle talen gelijkelijk authentiek.

Feito no Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em dois exemplares, nas línguas alemã, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé qualquer dos textos.

Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen teksti on yhtä todistusvoimainen.

Utfärdat i Luxemburg den tjugoförsta juni nittonhundranittionio i två exemplar på det danska, engelska, finska, franska, grekiska, italienska, nederländska, portugisiska, spanska, svenska och tyska språket, vilka samtliga texter är giltiga.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Por la Confederación Suiza

For Det Schweiziske Edsforbund

Für der Schweizerischen Eidgenossenschaft

Για την Ελβετική Συνομοσπονδία

For the Swiss Confederation

Pour la Confédération suisse

Per la Confederazione svizzera

Voor de Zwitserse Bondsstaat

Pela Confederação Suíça

Sveitsin valaliiton puolesta

På Schweiziska Edsförbundets vägnar

CONTENTS

ANNEX 1	Concessions granted by Switzerland
ANNEX 2	Concessions granted by the Community
ANNEX 3
ANNEX 4	on plant health
Appendix 1:	Plants, plant products and other objects
Appendix 2:	Legislation
Appendix 3:	Authorities which are to supply on request a list of the official bodies responsible for preparing plant health passports
Appendix 4:	Zones referred to in article 4 and special requirements relating to them
Appendix 5:	Exchange of information
ANNEX 5	on animal feed
Appendix 1
Appendix 2:	List of legislative provisions referred to in Article 9
ANNEX 6	on seeds
Appendix 1:	Legislation
Appendix 2:	Seed inspection and certification bodies
Appendix 3:	Community derogations allowed by Switzerland
Appendix 4:	List of third countries
ANNEX 7	on trade in wine-sector products
Appendix 1:	Wine-sector products referred to in Article 2
Appendix 2:	Specific provisions referred to in Article 3(a) and (b)
Appendix 3:	List of instruments and technical provisions referred to in Article 4 relating to wine-sector products
Appendix 4:	Protected names referred to in Article 5
Appendix 5:	Terms and conditions referred to in Articles 8(9) and 25(1)(b)
ANNEX 8	on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks
Appendix 1:	Geographical indications for spirit drinks originating in the european union
Appendix 2:	Protected names of spirit drinks originating in switzerland
Appendix 3:	Protected names of aromatised drinks originating in the Community
Appendix 4:	Protected names of aromatised drinks originating in Switzerland
Appendix 5:	List of instruments referred to in article 2 relating to spirit drinks, aromatised wine and aromatised drinks
ANNEX 9	on organically produced agricultural products and foodstuffs
Appendix 1:	List of acts referred to in Article 3 relating to organically produced agricultural products and foodstuffs
Appendix 2:	Implementing rules
ANNEX 10	On recognition of conformity checks for fresh fruit and vegetables subject to marketing standards
Appendix 1:	Swiss inspection bodies authorised to issue certificates of conformity as provided for in article 3 of annex 10
Appendix 2
ANNEX 11	on animal-health and zootechnical measures applicable to trade in live animals and animal products
Appendix 1:	Control measures/notification of diseases
Appendix 2:	Animal health: trade and placing on the market
Appendix 3:	Imports of live animals, their semen, ova and embryos from third countries
Appendix 4:	Zootechnical provisions, including those governing imports from third countries
Appendix 5:	Live animals, semen, ova and embryos: border checks and inspection fees
Appendix 6:	Animal products
Appendix 7:	Competent authorities
Appendix 8:	Adjustments to regional conditions
Appendix 9:	Guidelines on procedures for conducting audits
Appendix 10:	Animal products: border checks and payment of fees
Appendix 11:	Contact points
ANNEX 12	on the protection of designations of origin and geographical indications for agricultural products and foodstuffs
Appendix 1:	Lists of the parties' gis which are protected by the other party
Appendix 2	The parties' legislation

▼M12

ANNEX 1

Concessions granted by Switzerland

The tariff concessions set out below are granted by Switzerland for the following products originating in the Community and are, where applicable, subject to an annual quantity:

ANNEX 2

Concessions granted by the Community

The tariff concessions set out below are granted by the Community for the following products originating in Switzerland and are, where applicable, subject to an annual quantity:

▼M18

ANNEX 3

▼B

ANNEX 4

ON PLANT HEALTH

Article 1

Objective

►M14  1. ◄   The objective of this Annex shall be to facilitate trade between the Parties in plants, plant products and other objects subject to plant-health measures, originating in their respective territories or imported from third countries and listed in Appendix I to be drawn up by the Committee in accordance with Article 11 of the Agreement.

▼M14

2.  By way of derogation from Article 1 of the Agreement, this Annex shall apply to all plants, plant products and other objects listed in Appendix 1, as referred to in paragraph 1.

▼B

Article 2

Principles

1.  The Parties note that they have similar legislation concerning protective measures against the introduction and propagation of harmful organisms by plants, plant products or other objects having equivalent results in terms of protection against the introduction and propagation of organisms harmful to plants or plant products listed in Appendix 1 as provided for in Article 1. The same is also true of plant-health measures taken in respect of plants, plant products and other objects introduced from third countries.

2.  The legislation referred to in paragraph 1 shall be listed in Appendix 2 to be drawn up by the Committee in accordance with Article 11 of the Agreement.

▼M14

3.  The Parties mutually recognise the plant passports issued by the organisations that have been approved by the respective Authorities. A list of these organisations, as regularly updated, can be obtained from the Authorities listed in Appendix 3. Such passports shall attest conformity with their legislation as listed in Appendix 2 as provided for in paragraph 2 and shall be deemed to meet the documentary requirements laid down therein for the movement on the respective Parties' territories of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1.

▼B

4.  Plants, plant products and other objects as listed in Appendix 1 as provided for in Article 1 which are not subject to the plant passport arrangements applying to trade within the two Parties' territories may be traded between the two Parties without any plant passport, without prejudice, however, to other documents required under the Parties' respective laws, and in particular documents forming part of a system for tracing the origins of such plants, plant products and other objects to origin.

Article 3

1.  Plants, plant products and other objects not explicitly listed in Appendix 1 as provided for in Article 1 and not subject to plant-health measures in either Party may be traded between them without documentary, identity, or plant-health checks in connection with plant-health measures.

2.  Where either Party intends to adopt a plant-health measure in respect of plants, plant products and other objects referred to in paragraph 1, it shall inform the other Party.

3.  Pursuant to Article 10(2), the Working Group on Plant Health shall assess the consequences for this Annex of changes in accordance with paragraph 2 with a view to proposing any amendments to the relevant appendices.

Article 4

Regional requirements

1.  Each Party may lay down, by reference to similar criteria, specific requirements concerning movements of plants, plant products and other objects, regardless of their origin, within and to zones in its territory, where warranted by the plant-health situation in those zones.

2.  Appendix 4, to be drawn up by the Committee in accordance with Article 11 of the Agreement, shall define the zones as referred to in paragraph 1 and the specific requirements relating thereto.

Article 5

Checks on imports

1.  Each Party shall carry out plant-health sampling checks at a rate not exceeding a certain percentage of consignments of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1. That percentage, to be proposed by the Working Group on Plant Health and set by the Committee, shall be determined by plant, plant product or other object in accordance with the plant-health risk. On the date of entry into force of this Annex, that percentage shall be 10 %.

2.  Pursuant to Article 10(2) of this Annex, the Committee, acting on a proposal by the Working Group on Plant Health, may decide to reduce the rate of checks provided for in paragraph 1.

3.  Paragraphs 1 and 2 shall apply only to plant-health checks of trade in plants, plant products and other objects between the two Parties.

4.  Paragraphs 1 and 2 shall apply subject to Article 11 of the Agreement and Articles 6 and 7 of this Annex.

Article 6

Safeguard measures

Safeguard measures shall be taken in accordance with the procedures provided for in Article 10(2) of the Agreement.

Article 7

Derogations

1.  If either Party intends to apply derogations with respect to part or all of the territory of the other Party, it shall inform the latter in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions.

2.  If either Party applies derogations with respect to part of its territory or a third country, it shall inform the other Party in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions.

Article 8

Joint checks

1.  Each Party shall agree to joint checks being carried out at the request of the other Party to assess the plant-health situation and measures having equivalent results as provided for in Article 2.

2.  ‘Joint checks’ means a check conducted at the border to verify compliance with plant-health requirements of a consignment from either Party.

3.  Such checks shall be carried out in accordance with the procedure adopted by the Committee on a proposal from the Working Group on Plant Health.

Article 9

Exchange of information

1.  Pursuant to Article 8 of the Agreement, the Parties shall exchange all relevant information on the implementation and application of their laws, regulations and administrative provisions covered by this Annex and the notifications referred to in Appendix 5.

2.  With a view to ensuring equivalence in application of the detailed rules for applying the legislation covered by this Annex, each Party shall, at the request of the other, agree to visits of experts from the latter on its territory, to be arranged in cooperation with the official plant-health organisation responsible for the territory concerned.

Article 10

Working Group on Plant Health

1.  The Working Group on Plant Health, referred to as ‘the Working Group’, set up under Article 6(7) of the Agreement, shall consider all matters which may arise in connection with this Annex and its implementation.

2.  The Working Group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It may in particular put forward proposals to the Committee with a view to adapting and updating the Appendices hereto.

▼M27

Appendix 1

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS

A.    Plants, plant products and other objects, originating in either Party, for which both Parties have similar legislation leading to equivalent results and recognition of the plant passport.

1.   Plants and plant products

1.1.	Plants of the genera Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L., Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds,

1.2.	Plants of Beta vulgaris L. and Humulus lupulus L., intended for planting, other than seeds

1.3.	Plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting

1.4.	Plants of Fortunella Swingle, Poncirus Raf. and their hybrids, Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. and Vitis L., other than fruit and seeds

1.5.	Without prejudice to point 1.6, plants of Citrus L. and their hybrids other than fruit and seeds

1.6.	Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles

1.7.

Wood originating in the Union which has totally or partially retained its natural round surface, with or without bark, or which is presented in the form of chips, particles, sawdust, wood waste or scrap, (a)  has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and (b)  meets one of the descriptions of Annex I, Part II of Council Regulation (EEC) No 2658/87 ( 2 ), which appear in the table below: CN code Description 4401 10 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms 4401 22 00 Non-coniferous wood, in chips or particles ex 4401 30 80 Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms 4403 10 00 Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared ex 4403 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives ex 4404 20 00 Non-coniferous split poles; piles and pickets of wood, pointed but not sawn lengthwise ex 4407 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

2.

Plants, plant products and other objects produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States of the Union or Switzerland, that the production thereof is clearly separate from that of other products 2.1. Plants, intended for planting (other than seeds) of the genera Abies Mill. and Apium graveolens L., Argyranthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L. and hybrids, Exacum spp., Fragaria L., Gerbera Cass., Gypsophila L., Impatiens L. (all varieties of New Guinea hybrids), Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l'Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. and other plants of herbaceous species (other than plants of the family Gramineae) intended for planting (and other than bulbs, corms, rhizomes, seeds and tubers) 2.2. Plants of Solanaceae, other than those referred to in point 1.3 intended for planting, other than seeds 2.3. Plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing medium attached or associated 2.4. Plants of Palmae, having a diameter of the stem at the base of over 5 cm and belonging to the following genera or species: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth., Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf. 2.5. Plants, seeds and bulbs: (a)  Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and plants of Allium porrum L. intended for planting (b)  Seeds of Medicago sativa L. (c)  Seeds of Helianthus annuus L., Solanum lycopersicum L. and Phaseolus L.

3.

Bulbs, corms, tubers and rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston ‘Golden Yellow’, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort., Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. and Tulipa L. intended for planting, produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States of the Union or Switzerland that the production thereof is clearly separate from that of other products.

B.    Plants, plant products and other objects, originating outside the territories of the Parties, for which the plant-health provisions of both Parties relating to imports lead to equivalent results and which may be traded between them with a plant passport if they are listed in Part A of this Appendix or freely if not listed therein.

1.

Without prejudice to the plants listed in part C of this Appendix, all plants intended for planting, other than seeds but including the seeds of: Cruciferae, Gramineae, Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay, genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA, Citrus L., Fortunella Swingle and Poncirus Raf. and their hybrids, Capsicum spp., Helianthus annuus L., Solanum lycopersicum L., Medicago sativa L., Prunus L., Rubus L., Oryza spp., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. and Phaseolus L.

2.

Parts of plants, other than fruits and seeds, of: —  Castanea Mill., Dendranthema (DC.) Des Moul., Dianthus L., Gypsophila L., Pelargonium l'Herit. ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae, —  Conifers (coniferales) —  Acer saccharum Marsh., originating in the USA and Canada —  Prunus L., originating in non-European countries —  Cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and Trachelium L., originating in non-European countries —  Leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. and Eryngium L. —  Leaves of Manihot esculenta Crantz —  Cut branches of Betula L. with or without foliage —  Cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA —  Amiris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. and Zanthoxylum L. 2.1. Parts of plants, other than fruits but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. and Vepris Comm.

3.

Fruits of: —  Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, Momordica L. and Solanum melongena L. —  Annona L., Cydonia Mill. Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L. Syzygium Gaertn., and Vaccinium L., originating in non-European countries. —  Capsicum L.

4.	Tubers of Solanum tuberosum L.

5.

Isolated bark of: —  conifers (Coniferales), originating in non-European countries, —  Acer saccharum Marsh, Populus L., and Quercus L. other than Quercus suber L., —  Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA —  Betula L., originating in Canada and the USA.

6.

Wood within the meaning of the first subparagraph of Article 2(2) of Council Directive 2000/29/EC ( 3 ), where it: (a)  has been obtained in whole or part from one of the order, genera or species as described hereafter, except wood packaging material defined in Annex IV, Part A, Section I, Point 2 of Directive 2000/29/EC: —  Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood which meets the description referred to in (b) of CN code 4416 00 00 and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176 °C for 20 minutes —  Platanus L., including wood which has not kept its natural round surface, originating in the USA or Armenia —  Populus L., including wood which has not kept its natural round surface, originating in countries of the American continent —  Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA and Canada —  Conifers (Coniferales), including wood which has not kept its natural round surface, originating in non-European countries, Kazakhstan, Russia and Turkey —  Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA —  Betula L., including wood which has not kept its natural round surface, originating in Canada and the USA; and (b)  meets one of the descriptions of Annex I, Part II of Regulation (EEC) No 2658/87, which appear in the table below: CN code Description 4401 10 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms 4401 21 00 Coniferous wood, in chips or particles 4401 22 00 Non-coniferous wood, in chips or particles ex 4401 30 40 Sawdust, not agglomerated in logs, briquettes, pellets or similar forms ex 4401 30 80 Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms 4403 10 00 Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood, or roughly squared 4403 20 Coniferous wood in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared 4403 91 Oak wood (Quercus spp.) in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared ex 4403 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.) or birch (Betula L.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives 4403 99 51 Sawlogs of birch (Betula L.) in the rough, whether or not stripped of bark or sapwood, or roughly squared 4403 99 59 Wood of birch (Betula L.) in the rough, whether or not stripped of bark or sapwood, or roughly squared, other than sawlogs ex  44 04 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise 4406 Railway or tramway sleepers (cross-ties) of wood 4407 10 Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4407 91 Oak wood (Quercus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm ex 4407 93 Wood of Acer saccharum Marsh, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4407 95 Wood of ash (Fraxinus spp.) sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm ex 4407 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.) or ash (Fraxinus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4408 10 Coniferous sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm 4416 00 00 Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves 9406 00 20 Pre-fabricated constructions made of wood

7.

Soil and growing medium (a)  Soil and growing medium as such, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat. (b)  Soil and growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in: —  Turkey, —  Belarus, Georgia, Moldova, Russia or Ukraine, —  non-European countries, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

8.	Grain of the genera Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA.

C.    Plants, plant products and other objects, coming from either Party, for which the Parties do not have similar legislation and do not recognise the plant passport.

1.

Plants and plant products coming from Switzerland which must be accompanied by a plant-health certificate when imported by a Member State of the Union 1.1. Plants intended for planting, not including seeds Not applicable 1.2. Parts of plants, not including fruit or seeds Not applicable 1.3. Seeds Not applicable 1.4. Fruits Not applicable 1.5. Wood which has totally or partially retained its natural round surface, with or without bark, or which is presented in the form of chips, particles, sawdust, wood waste or scrap (a)  has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and (b)  meets one of the descriptions of Annex I, Part II of Regulation (EEC) No 2658/87, which appear in the table below: CN code Description 4401 10 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms 4401 22 00 Non-coniferous wood, in chips or particles ex 4401 30 80 Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms 4403 10 00 Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared ex 4403 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives ex 4404 20 00 Non-coniferous split poles; non-coniferous piles and pickets of wood, pointed but not sawn lengthwise ex 4407 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

2.	Plants and plant products coming from a Member State of the Union which must be accompanied by a plant-health certificate when imported into Switzerland Not applicable

3.	Plants and plant products coming from Switzerland importation of which into a Member State of the Union is prohibited Plants, not including fruit or seeds Not applicable

4.	Plants and plant products coming from a Member State of the Union importation of which into Switzerland is prohibited Plants: Cotoneaster Ehrh. Photinia davidiana (Dcne.) Cardot ( 4 )

Appendix 2

LEGISLATION ( 5 )

Provisions of the Union

Swiss provisions

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Appendix 3

Authorities which are to supply on request a list of the official bodies responsible for preparing plant health passports

A.   European community:

single authority for each Member State, as referred to in Article 1(4) of Council Directive 2000/29/EC of 8 May 2000 ( 6 ).

B.   Switzerland:

Office fédéral de l'agriculture

CH-3003 BERNE

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Appendix 4 ( 7 )

ZONES REFERRED TO IN ARTICLE 4 AND SPECIAL REQUIREMENTS RELATING TO THEM

The zones referred to in Article 4 and the special requirements relating to them which must be complied with by both Parties are defined in the two Parties' respective legislative and administrative provisions set out below.

Provisions of the Union

Swiss provisions

▼B

Appendix 5

Exchange of information

The notifications referred to in Article 9(1) are the following:

ANNEX 5

ON ANIMAL FEED

Article 1

Purpose

1.  The Parties hereby undertake to approximate their legislation on animal feed with a view to facilitating trade between them in such products.

2.  The list of products and groups of products for which the legislative provisions of the Parties are considered by the latter as achieving the same effects and, where applicable, the list of legislative provisions of the Parties considered by the latter as achieving the same effects shall be as set out in Appendix 1, to be drawn up by the Committee in accordance with Article 11 of the Agreement.

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2a.  By way of derogation from Article 1 of the Agreement, this Annex shall apply to all the products covered by the legal provisions listed in Appendix 1, as referred to in paragraph 2.

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3.  The Parties shall abolish border checks on the products and groups of products listed in Appendix 1 as referred to in paragraph 2.

Article 2

Definitions

For the purposes of this Annex:

Article 3

Exchange of information

Under Article 8 of the Agreement, the Parties shall send each other:

The programmes referred to in the fourth indent must take account of the situations peculiar to the Parties and must in particular stipulate the type of controls to be conducted regularly and the frequency thereof.

Article 4

General provisions on controls

The Parties shall take all steps necessary to ensure that products to be consigned to the other Party are checked as carefully as those to be put on the market within their own territory; they shall in particular ensure that inspections:

Article 5

Checks at origin

1.  The Parties shall ensure that the competent authorities conduct checks at establishments to ensure that they fulfil their obligations and that products to be put on the market comply with the legislative provisions listed in Appendix 1 as referred to in Article 1 and applicable in the territory of origin.

2.  Where there are grounds for suspecting that those requirements are not complied with, the competent authority shall conduct further checks and, should suspicion be confirmed, shall take suitable measures.

Article 6

Checks at destination

1.  The competent authorities of the Party of destination may check the products at destination by means of non-discriminatory sampling checks to ensure they comply with the provisions covered by this Annex.

2.  However, where the competent authority of the Party of destination is in possession of information indicating an infringement, checks may also be conducted during carriage of the products within its territory.

3.  Where, during a check of a consignment at destination or during carriage, the competent authorities of the Party concerned note that the products do not comply with the provisions covered by this Annex, they shall take suitable steps and shall give notice to the consignor, the consignee or any other party concerned to:

Article 7

Checks of products from territories outside the Parties

1.  Notwithstanding the first indent of Article 4, the Parties shall take all steps necessary to ensure that when products are introduced into their customs territory from territories other than those defined in Article 16 of the Agreement, the competent authorities conduct a documentary check of each batch and sampling identity checks in order to verify their:

with a view to determining the customs procedure applicable to them.

2.  The Parties shall take all steps necessary to ensure the conformity of products by means of sampling physical checks before they are released for free circulation.

Article 8

Cooperation in the event of infringements

1.  The Parties shall assist each other in the manner and under the conditions laid down in this Annex. They shall ensure that the legislative provisions covering products used in animal feed are properly applied, in particular through mutual assistance and the detection and investigation of breaches of those provisions.

2.  Assistance as provided for in this Article shall be without prejudice to the provisions governing criminal proceedings or judicial cooperation between the Parties in criminal matters.

Article 9

Products subject to prior authorisation

1.  The Parties shall endeavour to ensure that their lists of products covered by the legislative provisions listed in Appendix 2 are identical.

2.  The Parties shall inform each other of applications submitted for the authorisation of products as referred to in paragraph 1.

Article 10

Consultations and safeguard measures

1.  Where either Party considers that the other has failed to fulfil an obligation under this Annex, the two Parties shall hold consultations.

2.  The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

3.  Safeguard measures as provided for in any legislative provisions concerning the products and product groups and listed in Appendix 1 as provided for in Article 1 shall be taken in accordance with the procedures laid down in Article 10(2) of the Agreement.

4.  If, following the consultations provided for in paragraph 1 and in the third indent of Article 10(2)(a) of the Agreement, the Parties fail to reach agreement, the Party which requested the consultations or took the measures referred to in paragraph 3 may take suitable interim protective measures to ensure this Annex is applied.

Article 11

Working Group on Animal Feed

1.  The Working Group on Animal Feed, hereinafter referred to as ‘the Working Group’, set up under Article 6(7) of the Agreement shall consider any matter which may arise in connection with this Annex and its implementation. It shall also be responsible for the tasks provided for in this Annex.

2.  The Working Group shall periodically consider the state of the domestic laws of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to updating the Appendices hereto.

Article 12

Confidentiality

1.  Any information communicated in whatsoever form under this Annex shall be confidential. It shall be covered by the obligation to maintain professional secrecy and shall enjoy the protection extended to similar information under the relevant laws applicable in the Party which received it.

2.  The principle of confidentiality referred to in paragraph 1 shall not apply to information as referred to in Article 3.

3.  No Party whose legislation or administrative practice lays down stricter limits than those laid down in this Annex regarding the protection of industrial and commercial secrets shall be obliged to furnish information where the other Party does not take steps to comply with those stricter limits.

4.  Information obtained may only be used by a Party otherwise than for the purposes of this Annex with the prior written consent of the administrative authority furnishing it and shall furthermore be subject to the restrictions laid down by that authority.

Paragraph 1 shall not preclude the use of information in judicial or administrative proceedings instituted subsequently in respect of breaches of common criminal law, provided it was obtained through international judicial cooperation.

5.  In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this Article.

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Appendix 1

Community provisions

Swiss provisions

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Appendix 2

LIST OF LEGISLATIVE PROVISIONS REFERRED TO IN ARTICLE 9

Community Provisions

Swiss Provisions

▼B

ANNEX 6

ON SEEDS

Article 1

Purpose

1.  This Annex shall cover seeds of agricultural, vegetable, fruit and ornamental plant species and of vines.

2.  For the purposes of this Annex, ‘seeds’ means all propagating material and material intended for planting.

Article 2

Recognition of the conformity of legislation

1.  The Parties hereby recognise that the requirements laid down in the legislation listed in section 1 of Appendix 1 hereto have the same effects.

2.  Seeds of the species defined in the legislation referred to in paragraph 1 may be traded between the two Parties and freely marketed in the territory of both Parties, without prejudice to Articles 5 and 6. The only document required as certification of compliance with the respective laws of the two Parties shall be the label or any other document required for marketing under the said laws.

3.  The bodies responsible for conformity checks shall be as listed in Appendix 2.

Article 3

Mutual recognition of certificates

1.  Each Party shall recognise, as regards seeds of the species covered by the legislation listed in section 2 of Appendix 1, certificates as defined in paragraph 2 that have been drawn up in accordance with the legislation of the other by the bodies listed in Appendix 2.

2.  For the purposes of paragraph 1, ‘certificate’ means the documents required under the respective laws of the Parties applicable to imports of seeds as listed in section 2 of Appendix 1.

Article 4

Approximation of laws

1.  The Parties shall endeavour to approximate their laws on the marketing of seeds of the species covered by the legislation listed in section 2 of Appendix 1 and of species that are not covered by the legislation listed in sections 1 and 2 of Appendix 1.

2.  Where either Party adopts new legislative provisions, both Parties undertake to assess the possibility of extending the scope of this Annex to include the new sector in accordance with the procedure laid down in Articles 11 and 12 of the Agreement.

3.  Where either Party amends legislative provisions concerning a sector covered by this Annex, both Parties undertake to assess the consequences of such amendment in accordance with the procedure laid down in Articles 11 and 12 of the Agreement.

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Article 5

Varieties

1.  Without prejudice to paragraph 3, Switzerland shall permit the marketing in its territory of seeds of the varieties accepted in the Community in the case of the species referred to in the legislation listed in Section 1 of Appendix 1.

2.  Without prejudice to paragraph 3, the Community shall permit the marketing in its territory of seeds of the varieties accepted in Switzerland in the case of the species referred to in the legislation listed in Section 1 of Appendix 1.

3.  The Parties shall jointly draw up a catalogue of varieties for the species referred to in the legislation listed in Section 1 of Appendix 1 in cases where the Community makes provision for a common catalogue. The Parties shall permit the marketing in their territory of seeds of the varieties listed in this catalogue which has been drawn up jointly.

4.  Paragraphs 1, 2 and 3 shall not apply to genetically modified varieties.

5.  The Parties shall inform each other of applications and withdrawals of applications for acceptance and of the registration of new varieties in a national catalogue and any amendments thereto. They shall provide each other on request with a brief description of the chief characteristics relating to the use of each new variety and the characteristics by which a variety can be distinguished from other known varieties. Each shall keep at the disposal of the other Party files containing a description of each accepted variety and a clear summary of all the grounds on which such acceptance is based. In the case of genetically modified varieties, the Parties shall inform each other of the results of risk assessments for the release of such varieties into the environment.

6.  The Parties may hold technical consultations with a view to assessing the data on which acceptance of a given variety is based in either Party. Where appropriate, the Working Group on Seeds shall be kept informed of the results of such consultations.

7.  The Parties shall use existing computerised information exchange systems or such systems to be developed to facilitate the exchange of information as referred to in paragraph 5.

Article 6

Derogations

1.  Derogations authorised by the Community and by Switzerland as listed in Appendix 3 shall be allowed by Switzerland and the Community respectively in trade in seeds of the species covered by the legislation listed in Section 1 of Appendix 1.

2.  The Parties shall inform each other of any derogation on the marketing of seeds that they intend to implement in their territory or in part thereof. In the case of derogations of short duration or which must enter into force immediately, ex post notification shall suffice.

3.  By way of derogation from Article 5(1) and (3), Switzerland may decide to prohibit the marketing in its territory of seeds of accepted varieties in the common catalogue of the Community.

4.  By way of derogation from Article 5(2) and (3), the Community may decide to prohibit the marketing in its territory of seeds of accepted varieties in the Swiss national catalogue.

5.  Paragraphs 3 and 4 shall apply in cases provided for in the legislation of both Parties as listed in Section 1 of Appendix 1.

6.  Both Parties may have recourse to paragraphs 3 and 4:

7.  Paragraph 6 shall apply by analogy to varieties of the species covered by provisions added, pursuant to Article 4, to the list in Section 1 of Appendix 1 after the entry into force of this Annex.

8.  The Parties may hold technical consultations with a view to assessing the implications for this Annex of derogations as referred to in paragraphs 1 to 4.

9.  Paragraph 8 shall not apply where the Member States of the Community are responsible for deciding on derogations pursuant to the legislation listed in Section 1 of Appendix 1. Paragraph 8 shall not apply to derogations adopted by Switzerland in similar cases.

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Article 7

Third countries

1.  Without prejudice to Article 10, this Annex shall also apply to seeds marketed in both Parties and originating in a country other than a Member State of the Community or Switzerland and recognised by both Parties.

2.  The list of third countries as referred to in paragraph 1, the species concerned and the scope of such recognition shall be as set out in Appendix 4.

Article 8

Comparative trials

1.  Comparative trials shall be held with a view to ex post checks of samples of seeds taken from batches marketed in the two Parties. Switzerland shall participate in the Community's comparative trials.

2.  The Working Group on Seeds shall be assess the organisation of comparative trials in the Parties.

Article 9

Working Group on Seeds

1.  The Working Group on Seeds, referred to as the ‘Working Group’, set up under Article 6(7) of the Agreement, shall consider any matter which may arise in connection with this Annex and its implementation.

2.  The Working Group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to the adaptation and updating of the Appendices hereto.

Article 10

Agreements with other countries

The Parties agree that agreements on mutual recognition concluded by either Party with any third country may under no circumstances give rise to any obligation on the other to accept reports, certificates, authorisations or marks issued by the conformity assessment bodies of such third countries, except where the Parties have agreed formally thereto.

Appendix 1

Legislation

Section 1 (recognition of the conformity of legislation)

A.   COMMUNITY PROVISIONS

1.   Basic legislation

2.   Implementing provisions (8) 

B.   SWISS PROVISIONS ( 9 )

Section 2 (mutual recognition of certificates)

A.   COMMUNITY PROVISIONS

1.   Basic legislation

2.   Implementing provisions ( 11 )

B.   SWISS PROVISIONS

C.   CERTIFICATES REQUIRED FOR IMPORTS

Appendix 2

Seed inspection and certification bodies

Appendix 3

Community derogations allowed by Switzerland ( 12 )

Appendix 4

List of third countries ( 14 )

▼M20

ANNEX 7

ON TRADE IN WINE-SECTOR PRODUCTS

Article 1

Objectives

The Parties hereby agree, in accordance with the principles of non-discrimination and reciprocity, to facilitate and promote trade with each other in wine-sector products originating in their territory subject to the conditions laid down herein.

Article 2

Scope

This Annex shall apply to wine-sector products, as defined in the legislation referred to in Appendix 1.

Article 3

Definitions

For the purposes of this Annex and except where otherwise expressly provided herein:

TITLE I

PROVISIONS APPLICABLE TO IMPORT AND SALE

Article 4

Labelling, presentation and accompanying documents

(1)  Trade between the Parties in wine-sector products within the meaning of Article 2 originating in their respective territories shall be conducted in accordance with the technical provisions set out this Annex. ‘Technical provisions’ is understood to mean all the provisions listed in Appendix 3 relating to the definition of wine-sector products, oenological practices, the composition of the said products, their accompanying documents and the rules governing their transport and sale.

(2)  The Committee may decide to amend the definition of the ‘technical provisions’ within the meaning of paragraph 1.

(3)  The provisions of the instruments listed in Appendix 3 relating to their entry into force or their implementation shall not apply for the purposes of this Annex.

(4)  This Annex shall not prejudice the application of national or EU rules on taxation or the relevant control measures.

TITLE II

MUTUAL PROTECTION OF NAMES OF WINE-SECTOR PRODUCTS WITHIN THE MEANING OF ARTICLE 2

Article 5

Protected names

As regards wine-sector products originating in the European Union and in Switzerland, the following names listed in Appendix 4 shall be protected:

Article 6

Names or references used to indicate the Member States of the European Union and Switzerland

(1)  For the purpose of identifying the origin of wines in Switzerland, the names or references to the Member States of the European Union used to indicate these products:

(2)  For the purpose of identifying the origin of wines in the European Union, the names or references to Switzerland used to indicate these products:

Article 7

Other terms

(1)  The terms ‘protected designation of origin’, ‘protected geographical indication’ and their abbreviations ‘PDO’ and ‘PGI’, the terms ‘Sekt’ and ‘crémant’ referred to in Commission Regulation (EC) No 607/2009 ( 15 ) shall be reserved for the wines originating in the Member State concerned and may be used only subject to the conditions laid down by the European Union’s laws and regulations.

(2)  Without prejudice to Article 10, the terms ‘appellation d’origine protégée’ [protected designation of origin], including its abbreviation ‘AOC’ [PDO], and ‘vin de pays’ within the meaning of Article 63 of the Federal Act on Agriculture are reserved for wines originating in Switzerland and may be used only subject to the conditions laid down by Swiss law.

The term ‘vin de table’ within the meaning of Article 63 of the Federal Act on agriculture is reserved for wines originating in Switzerland and may be used only subject to the conditions laid down by Swiss law.

Article 8

Protection of designations of origin and geographical indications

(1)  In Switzerland, the designations of origin and geographical indications for the European Union listed in Appendix 4, Part A:

In the European Union, the designations of origin and geographical indications for Switzerland listed in Appendix 4, Part B:

(2)  The Parties shall take all the measures necessary, in accordance with this Annex, to ensure the reciprocal protection of the designation of origin and geographical indications listed in Appendix 4 and used for the designation and presentation of wines originating in the territory of the Parties. Each Party shall introduce the appropriate legal means to ensure effective protection and prevent a designation of origin or geographical indication listed in Appendix 4 from being used to designate wine that has not originated from the place referred to by that designation of origin or geographical indication.

(3)  The protection provided for in paragraph 1 shall apply, even when:

(4)  If designations of origin or geographical indications listed in Appendix 4 are homonymous, protection shall be granted to each of them provided that they are used in good faith and that, in practical conditions of use fixed by the Contracting Parties within the framework of the Committee, the fair and equitable treatment of the producers concerned is ensured and consumers are not misled.

(5)  If a geographical indication listed in Appendix 4 is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPs Agreement shall apply.

(6)  The provisions of this Annex shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead consumers.

(7)  Nothing in this Annex shall oblige a Party to protect a designation of origin or geographical indication of the other Party listed in Appendix 4 which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.

(8)  The Parties affirm that rights and obligations under this Agreement shall not arise for any designations of origin or geographical indications other than those listed in Appendix 4.

(9)  Without prejudice to the TRIPs agreement, this Annex gives a comprehensive and precise list of the rights and obligations that shall apply to the protection of the geographical indications in each of the Parties.

However, the Parties hereby waive their right to invoke Article 24(4), (6) and (7) of the TRIPS Agreement in order to refuse to grant protection to a name from the other Party, except in the cases referred to in Appendix 5 to this Annex.

(10)  The exclusive protection provided for in this Article shall apply to the name ‘Champagne’ on the European Union’s list in Appendix 4 to this Annex.

Article 9

Relations between designations of origin and geographical indications and trademarks

(1)  The contracting parties shall not be obliged to protect a designation of origin or geographical indication where, in the light of an earlier trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine in question.

(2)  The registration of a trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a designation of origin or a geographical indication referred to in Appendix 4 shall, in accordance with the laws of each Party, be refused or refused in part, either as a matter of course or at the request of an interested party, where the product in question does not originate from the place indicated by the designation of origin or geographical indication.

(3)  A registered trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a designation of origin or a geographical indication referred to in Appendix 4 shall, in accordance with the laws of each Party, be invalidated or invalidated in part, either as a matter of course or at the request of an interested party, where it refers to a product which does not meet the required conditions for the designation of origin or geographical indication.

(4)  A trademark, the use of which corresponds to the situation referred to in the previous paragraph and which was applied for and registered in good faith or established through use in good faith in a Party (including the Member States of the European Union), if the relevant legislation provides for this possibility, before the date of protection of the designation of origin or of the geographical indication of the other Party under this Annex, may continue to be used notwithstanding the protection granted to the designation of origin or the geographical indication, provided that there is no ground for the annulment of the trademark in the legislation of the Party concerned.

Article 10

Protection of traditional expressions

(1)  In Switzerland, the traditional expressions of the European Union listed in Appendix 4, Part A:

In the European Union, the traditional expressions of Switzerland listed in Appendix 4, Part B:

(2)  The Parties shall take the measures necessary, in accordance with this Agreement, for the protection in accordance with this Article of the traditional expressions listed in Appendix 4 which are used for the description and presentation of wines originating in the territories of the respective Parties. To that end, the Parties shall provide effective legal protection to prevent the said traditional expressions from being used to describe wine not entitled to those traditional expressions, even where the traditional expressions used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or other analogous expressions.

(3)  The protection of a traditional expression shall apply only:

(4)  If traditional expressions listed in Appendix 4 are homonymous, protection shall be granted to each of the traditional expressions, provided that they are used in good faith and that, in practical conditions of use fixed by the Contracting Parties within the framework of the Committee, the fair and equitable treatment of the producers concerned is ensured and consumers are not misled.

(5)  Where a traditional expression listed in Appendix 4 is homonymous with the name used for a wine-sector product not originating in the territory of one of the Parties, the latter name may be used to describe and present a wine-sector product, provided it is traditionally and consistently used, its use for that purpose is regulated by the country of origin and consumers are not misled about the exact origin of the wine concerned.

(6)  This Annex shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the consumer.

(7)  The registration of a trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a traditional expression referred to in Appendix 4 shall, pursuant to the law of each Party, be refused or refused in part, either as a matter of course or at the request of an interested party, where the trademark in question does not concern wine-sector products that originate from the geographical area associated with the aforementioned traditional expression.

A registered trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a traditional expression referred to in Appendix 4 shall, pursuant to the law of each Party, be invalidated or invalidated in part, either as a matter of course or at the request of an interested party, where the trademark in question does not concern wine-sector products that originate from the geographical area associated with the aforementioned traditional expression.

A trademark, the use of which corresponds to the situation referred to in the previous paragraph, which was applied for and registered in good faith in one Party (including the Member States of the Union) before the date of protection of the other Party’s traditional expression under this Annex, may continue to be used if this option is provided for in the relevant legislation of the Party concerned.

(8)  Nothing in this Annex shall oblige the Parties to protect a traditional expression listed in Appendix 4 which is not or ceases to be protected or which has fallen into disuse in its country of origin.

Article 11

Enforcement of protection

(1)  The Parties shall take all steps necessary to ensure that, where wine-sector products originating in the Parties are exported and marketed outside their territory, the names of one Party protected under this Annex are not used to describe and present such products originating in the other Party.

(2)  In so far as the relevant legislation of the Parties permits, the protection afforded by this Annex shall extend to natural and legal persons, federations, associations and organisations of producers, traders and consumers whose head offices are located in the territory of the other Party.

(3)  If the description or presentation of a wine-sector product, in particular on the labelling, in official or commercial documents or in advertising, affects the rights arising from this Annex, the Parties shall apply the necessary administrative measures or shall initiate legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name by any other means.

(4)  The measures and proceedings referred to in paragraph 3 shall be taken in particular in the following cases:

(5)  This Annex shall not preclude any more extensive protection afforded to descriptions protected under this Annex by the Parties in accordance with their internal legislation or other international agreements.

TITLE III

MUTUAL ASSISTANCE AND CONTROLS OF THE OFFICIAL CONTROL BODIES

Article 12

Purpose and restrictions

(1)  The Parties shall assist each other in accordance with and subject to the conditions laid down in this title. The correct application of the rules concerning trade in wine-sector products shall be ensured in particular through mutual assistance, detection and investigation of contraventions of these rules.

(2)  The assistance provided for in this title shall be without prejudice to the provisions governing criminal proceedings or judicial assistance between Parties in criminal cases.

(3)  This title shall be without prejudice to national provisions governing the confidentiality of judicial investigations.

SUBTITLE I

Authorities and persons subject to controls and mutual assistance

Article 13

Contact authorities

(1)  Where a Party designates several competent authorities, it shall ensure the coordination of their activities.

(2)  Each Party shall appoint a single contact authority. That authority:

Article 14

Authorities and laboratories

The Parties shall:

Article 15

Persons subject to controls

Natural and legal persons and associations of such persons whose professional activities may be the subject of the controls provided for in this title may not prevent the exercise of such controls and must at all times facilitate them.

SUBTITLE II

Control measures

Article 16

Control measures

(1)  The Parties shall take the steps necessary to guarantee the assistance provided for in Article 12 by means of suitable control measures.

(2)  Such controls shall be carried out either systematically or by sampling checks. In the case of sampling checks, the Parties shall ensure that they are representative through their number, type and frequency.

(3)  The Parties shall take appropriate steps to facilitate the work of the officials of their competent authorities, in particular by ensuring that they:

Article 17

Samples

(1)  The competent authority of one Party may ask a competent authority of the other Party to collect samples in accordance with the relevant provisions in that Party.

(2)  The requested authority shall keep the samples collected pursuant to paragraph 1 and shall designate the laboratory to which they are to be sent for testing. The requesting authority may designate another laboratory to carry out a parallel analysis of samples. To that end, the requested authority shall forward a suitable number of samples to the requesting authority.

(3)  In the event of disagreement between the requesting and the requested authorities concerning the results of the tests referred to in paragraph 2, an arbitration analysis shall be carried out by a laboratory designated jointly.

SUBTITLE III

Procedures

Article 18

Operative event

Where a competent authority of a Party has a reasonable suspicion, or becomes aware, that:

Article 19

Applications for mutual assistance

(1)  Applications under this title shall be made in writing. They shall be accompanied by the documents needed for the purpose of a reply. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

(2)  Applications pursuant to paragraph 1 shall be accompanied by the following information:

(3)  Applications shall be made in one of the official languages of the Parties.

(4)  Where an application does not meet the formal conditions, the requesting authority may be asked to correct or supplement it; interim protective measures may, however, be ordered at all times.

Article 20

Procedure

(1)  Upon application by a requesting authority, the requested authority shall communicate to it any useful information which may enable it to verify that the rules concerning trade in wine-sector products are being properly applied, and especially information with regard to existing or planned operations which constitute, or are liable to constitute, a breach of those rules.

(2)  Where reasoned application is made by the requesting authority, the requested authority shall exercise special supervision or checks with a view to achieving the aims pursued or shall take the necessary measures to ensure that such supervision is so exercised.

(3)  The requested authority referred to in paragraphs 1 and 2 shall proceed as if acting on its own behalf or at the request of an authority of its own country.

(4)  By agreement with the requested authority, the requesting authority may designate officials in its service or in the service of another competent authority of the Party which it represents to:

The copies referred to in the first indent may be made only with the consent of the requested authority.

(5)  The requesting authority wishing to send an official designated in accordance with the first subparagraph of paragraph 4 to another Party to take part in control procedures as referred to in the second indent of that subparagraph shall inform the requested authority in good time before such procedures are commenced. The officials of the requested authority shall remain in charge of the control procedures at all times.

The officials of the requesting authority shall:

(6)  Reasoned applications as provided for in this Article shall be forwarded to the requested authority of the Party concerned through the contact authority of that Party. The same procedure shall apply to:

Notwithstanding the first paragraph, in order to improve the efficacy and rapidity of collaboration between the Parties, the latter may, where appropriate, permit competent authorities to:

In such cases, those competent authorities shall immediately inform the contact authority of the Party concerned.

(7)  The information contained in the analytical data bank of each Party, comprising the data obtained by analysing their respective wine-sector products, shall be made available to the laboratories designated for this purpose by the Parties, where they so request. Communication of information shall relate only to the relevant analytical data required to interpret an analysis carried out on a sample of comparable characteristics and origin.

Article 21

Decision on mutual assistance

(1)  The Party to which the requested authority belongs may refuse to provide assistance under this title if such assistance may adversely affect sovereignty, public order, security or other vital interests of that Party.

(2)  Where the requesting authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

(3)  Should assistance be refused, the decision and the reasons for it must be notified immediately to the requesting authority.

Article 22

Information and documentation

(1)  The requested authority shall communicate the findings of its investigations to the requesting authority in the form of documents, certified copies, reports and the like.

(2)  The documents referred to in paragraph 1 may be replaced by computerised information produced in any form whatsoever for the same purposes.

(3)  The information referred to in Articles 18 and 20 shall be accompanied by the relevant documents or other evidence and details of any administrative measures or legal proceedings, and shall relate specifically to:

(4)  The contact authorities concerned by the matter for which the mutual assistance process provided for in Articles 18 and 20 has been initiated shall inform each other immediately of:

Article 23

Costs

Travel costs incurred through the application of this title shall be borne by the Party which designated an official for the measures provided for in Article 20(2) and (4).

Article 24

Confidentiality

(1)  Any information communicated in whatever form under this title shall be confidential. It shall be covered by professional secrecy and enjoy the protection granted to similar information by the laws applying in this field by the Party which receives it, or by the corresponding provisions applying to the Union authorities, as the case may be.

(2)  Where the legislation or administrative practices of a Party lay down stricter limits for the protection of industrial and commercial secrets than those provided for in this title, the latter shall not oblige that Party to provide information if the requesting Party does not take steps to comply with those stricter limits.

(3)  The information obtained shall be used only for the purposes of this title; it may not be used for other purposes on the territory of a Party except with the prior written consent of the administrative authority which supplied it, and shall in any case be subject to the restrictions laid down by that authority.

(4)  Paragraph 1 shall not preclude the use of information in judicial or administrative proceedings instituted subsequently in respect of breaches of ordinary criminal law, provided it was obtained through international judicial cooperation.

(5)  In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this title.

TITLE IV

GENERAL PROVISIONS

Article 25

Exclusions

(1)  Titles I and II shall not apply to wine-sector products within the meaning of Article 2 which:

(2)  The application of the Exchange of Letters between the Community and Switzerland on cooperation concerning official controls of wines signed in Brussels on 15 October 1984, shall be suspended for as long as this Annex remains in force.

Article 26

Consultations

(1)  The Parties shall enter into consultations if either considers that the other has failed to fulfil an obligation under this Annex.

(2)  The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

(3)  Where any time limit or delay carries a risk of endangering human health or impairing the effectiveness of measures to combat fraud, interim safeguard measures may be adopted without prior consultation, provided that consultations are held immediately after such measures are taken.

(4)  If, following the consultations provided for in paragraphs 1 and 3, the Parties fail to reach agreement, the Party which requested the consultations or took the measures provided for in paragraph 3 may take suitable safeguard measures with a view to the proper application of this Annex.

Article 27

Working Group

(1)  The working group on wine-sector products, hereinafter called the ‘working group’, set up pursuant to Article 6(7) of the Agreement shall consider all matters which may arise in connection with this Annex and its implementation.

(2)  The working group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to amending this Annex and its Appendices.

Article 28

Transitional provisions

(1)  Notwithstanding Article 8(10), wine-sector products which, at the time of the entry into force of this Annex, have been produced, prepared, described and presented in compliance with the internal law or regulations of the Parties but are prohibited by this Annex may be sold until stocks run out.

(2)  Except where provisions to the contrary are adopted by the Committee, wine-sector products which have been produced, prepared, described and presented in compliance with this Annex but whose production, preparation, description and presentation cease to comply therewith as a result of an amendment thereto may continue to be marketed until stocks run out.

Appendix 1

Wine-sector products referred to in article 2

For the European Union:

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1), as last amended by Regulation (EU) No 1234/2010 of the European Parliament and of the Council of 15 December 2010 (OJ L 346, 30.12.2010, p. 11). Products covered by CN codes 2009 61 , 2009 69 and 2204 (OJ L 256, 7.9.1987, p. 1.).

For Switzerland:

Chapter 2 of the Ordinance of the Federal Department of Home Affairs (DFI) of 23 November 2005 on alcoholic beverages, as last amended on 15 December 2010 (OC 2010 6391). Products covered by Swiss customs tariff numbers 2009.60 and 2204 .

Appendix 2

Specific provisions referred to in article 3(a) and (b)

Registered designation of origin Genève (AOC Genève)

1.   Geographical area

The geographical area for AOC Genève includes:

enumerated in the specifications for AOC Genève.

2.   Production area of the grapes

The production area of the grapes includes:

3.   Wine making area

The wine making area is restricted to Swiss territory.

4.   Downgrading

Using the ‘AOC Genève’ registered designation of origin does not preclude using the designations ‘vin de pays’ and ‘vin de table suisse’ to refer to wines made from grapes from the production zone defined in point 2(b) and downgraded.

5.   Monitoring the specifications for the AOC Genève

The Swiss checks are the responsibility of the Swiss authorities, specifically those of Geneva.

The competent Swiss authority entrusts the physical checks to be carried out on French territory to a French inspection body accredited by the French authorities.

6.   Transitional provisions

Producers with areas planted with vines that are not listed in the grape production area listed in point 2(b), but who have previously and legitimately used the registered designation of origin ‘AOC Genève’, may continue to use it until 2013 and the relevant products can be marketed until stocks are exhausted.

Appendix 3

List of instruments and technical provisions referred to in Article 4 relating to wine-sector products

A.    Instruments applicable to the import into and marketing in Switzerland of wine-sector products originating in the European Union

Acts and specific provisions referred to:

B.    Instruments applicable to the import into and marketing in the European Union of wine-sector products originating in Switzerland

Instruments referred to:

Accompanying document ( 16 )for the transport of wine-sector products from Switzerland ( 17 )

Appendix 4

Protected names referred to in Article 5

PART A

Protected names for wine-sector products originating in the European Union